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Questions Answered by Alake Colwell Furlow
1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Hi I'm a resident of ga my ex we were never married is suing for custody of our kid. They reside with me he recently mo

Moved to Texas hr filed in ga I'm considering moving to fl would it be more advantages to remain on ga

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

I'm sure a standing order went into effect when the case was filed that would prohibit you from moving the children out of the jurisdiction while the case is pending. You can move to FL but likely cannot take the children with you. Hire an attorney.

1 Answer | Asked in Family Law for Georgia on
Q: My ex wife & I agree to create a doc, sign and notarize it will it be a valid document in the state of GA?

When it comes to the children we are trying to avoid going back to court in front of a judge

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

No, a document you sign, even in front of a notary, is not binding and is not the same as a court order. If one of you decides not to follow the document anymore its not enforceable and there's nothing the other person can do without going back to court.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Can both parties reject a GAL even though it’s court order we have come to an agreement on our own

The father of my children and I couldn’t come to custody agreement so the judge decided to have a Guardian ad litem appointed but the father and I have finally come to an agreement on our own

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

It is highly unlikely the Court is now going to disregard the GAL, even though an agreement has been reached. The Court is likely going to consider the GAL's findings and recommendation as well as any agreement you all have now reached and determine what the final order is going to be. They... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My lawyer I hired gave her all the money to do my divorce. She never did anything no paperwork no divorce what to do now

I paid her in full . She said my money is gone go pay another lawyer I don't have the money my soon to be ex is abusive. He took my kids and won't give them back

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

You should take a look at the contract or agreement you signed with your attorney. Because we do not know if it was a flat rate you paid and if so, what was included in that flat rate. And if it was not a flat rate and you had a retainer fee, what the terms of that retainer fee were, for example,... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Medical bill after divorce

"So my question is, I have a 6-year-old boy, and my ex-wife has full custody of him. I do have visitation rights, but according to the court order, I am responsible for the medical bills that are not covered by insurance. I do not have any insurance. I lost my job 3 months ago, and I am... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

You must follow the court order until another order modifies it, regardless of your financial situation. If you can no longer afford what you have been ordered to pay, you should file for a modification. Now you can't pay what you don't have, but you could be found in contempt if you... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My teenage children want to file an affidavit of election. Can they file without an attorney?

I live in Muscogee County GA, their father lives in Heard County GA. They're 14 and 16, and want to live with me in Muscogee County. Is this something that we can file without an attorney? Does it matter if their father doesn't want them to move here? He has no grounds to contest this... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

There's so much information missing from here that it's hard to provide advice. If there is an order granting the other parent custody, you don't simply file an election for change of custody. You have to file for a modification. Then you must have the custodial parent served.... View More

1 Answer | Asked in Divorce, Appeals / Appellate Law and Family Law for Georgia on
Q: What can I do if the judge in my divorce denied all my pro se motions stating only they were meritless/mute?

I filed 3 motions including a motion to compel a motion to extend discovery and a motion for a citation of contempt. The order denying them only said that the pro se motions were either mute or meritless with no explanation

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

As an attorney, I have never received a response like that from the Court. Therefore, it is possible there was an error or error(s) with your motions. And since I have never received that response, and have not seen your paperwork, I can't tell you why your motions were denied, nor can... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: I'm a guy. I called on my wife a couple of times. How do I get a copy of the report.

We are going through a divorce now. She is trying to say that I was the aggressor. The deputies even took pictures. When she bite me now the sheriff's office says there is no record of it.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

If you called the police there is typically a police report, whether charges were pressed or not. If there is no report for some odd reason, unfortunately, you will not have any proof to submit in Court. I would urge you to hire an attorney to represent you in this divorce so they can gather the... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My husband avoided being served Can I still get a divorce or do I have to wait until he is served? Hearing is July 19.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

A trial will not move forward until proof of service has been filed. If you don't have any kind of legal service on the defendant, you will not obtain a divorce. He has to be served and there are multiple ways to serve.

2 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Does a judge read the discovery papers on a case.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

No, discovery responses are to be served on the party who sent them to you. The judge never goes through discovery in a case. You may be able to introduce things you obtained in discovery before the Court, provided you follow the rules of evidence. But discovery is never produced to the judge... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: What can the Judge do next? If there anything she should be doing?

My friend divorced her husband. Judge gave him the house and she took full custody of the children. Judge ordered him to pay her equity over a year ago and he has not paid. She has submitted her documents that show he has not paid her at all.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

Your friend either needs to file the proper pleading and start her own case or have an attorney do it for her. There's nothing for a judge to do until it's time to hear testimony, evidence and make a ruling. Your friend has to file the correct action and prepare for her hearing.

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Exwiife is lying about her income&expenses worksheet. Claiming the children go to private school and they are at public

She just bought a 600,000 house , new car , rental properties and I have no job been thrown in jail for not paying her attorney fees by the time frame . I don’t have a job but she claims I make 9000 a month. I don’t even have the money now to even have a lawyer to represent me from paying her... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

You get a lawyer. That's how you resolve this. Either you have an open child support case or you file for a modification. But you have an attorney go through the proper procedure to obtain correct income information from the mother. Then you can have an accurate gross monthly income for a... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How do I apply for emergency temporary custody for my grandchildren?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

If DFCS is involved then you would have to go through the case that's already open. If there is not an open deprivation case, you will need to file in court. You will have to file the proper action and have the parents served.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Q: Does FL have to follow GA child laws

I gave birth to my son in FL and his "father" did not sign his birth certificate. After a year in FL my son and i moved back to GA and stayed for 14 months making him and i GA residents. On May 21st i was trying to return to GA and his "father" wouldn't give me my child and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

The father is kidnapping, plain and simple. Even if he had signed the child's birth certificate, that gave him zero rights to that child. If the father has not legitimized, he has no rights, no custody, and no visitation. He should return that child or he is committing a crime. I'm... View More

1 Answer | Asked in Family Law for Georgia on
Q: Hi! My sister passed away three years ago and she left behind a precious little girl! Who is now 5 years old. Her dad is

In her life and now he is the the next person up to have my niece which our family understands. His mother now is acting weird and starting stuff with my sister of the family. There’s time where she thinks she’s replacing my sister and got offended by that when we told her that’s not right... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

It is likely the father now has sole legal and physical custody of his child, if he has legitimized. Any visitation anyone else is seeking, that the father will not voluntarily give, you must go through the Court to obtain. A judge will have to decide what, if any, to award you, if the father... View More

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Does my new husbands income get taken into account if I try to modify the child support that I receive from my ex?

Ex husband seems to be making much more now than during the divorce. I now have a low paying part time job. Would my job and my new husbands income be taken into account and cause child support payments to be LESS if I were to try and modify? Pretty sure the ex husband is making more than 200k/yr... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

Only the parents income is used for purposes of calculating each parties gross monthly income for child support. A spouse of a parents income is not added to the worksheet. However, if you have questions like this, I would see if you and your spouse can get the funds together to hire an attorney,... View More

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have physical proof child is being coached by mom. What should I do?

Child has suffered from mental health diagnoses. Mom has tried for years to coach and push hatred into the child regarding the dad. There are text messages to prove the child is being coached and lied to by mom.

Mom sent dad messages from daughter, which led dad to check and verify... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

I don't understand the question of, "What should I do?" You can take the other parent back to Court. But unless you do that, there's nothing for you to do. And if you decide to go back to Court I would consult an attorney to determine the proper action to file, so you... View More

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2 Answers | Asked in Family Law for Georgia on
Q: Is there a time limit for filing contempt for custodial parent moving out of state (from GA to TX) with my child?

In 2019 my ex moved to TX with my child without my knowledge and without informing the court. Since then, it has been very difficult for me to see my child. I have to pay all expenses and fly child back and forth (3 round trip tickets). Finally, ex agreed for my child to fly as an unaccompanied... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

You wrote ex multiple times so I am unsure from this post if you are the mother or the father. I am also unsure if there was a court order stating that the custodial parent could not move or that the custodial parent had to provide notice of intent to relocate prior to moving. If the custodial... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am filling for a contested divorce and the lawyer of the respondent doesn’t want to submit the necessary documents

What can I do for the lawyer to submit the documents needed

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

If you are going to represent yourself against another attorney then you will have to determine the proper pleadings to file and steps to take. Unfortunately, attorneys here cannot give you the steps to represent yourself. Prior to the filing of a motion to compel you must make a good faith... View More

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: I have a child custody case pending in Georgia, can I move to another county within GA right now?

I have a child custody case that has been filed in my home town by my child's father. My child's father lives out of state over 300 miles away. I have not been getting any help financially with our son during the custody proceedings. So I would like to move to another county where there... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You should be very careful about moving while you have a custody case pending. If you are not receiving any financial assistance from the father, you should have obtained a temporary order for support while this case was going on. And if you don't know how to go about obtaining that, I would... View More

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